The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1887-07-02
INTERSTATE COMMERCE.
Unanimous Determination of the Com.
mission.

Unanimous Determination of the Com.
mission.
"The Commissioners take the ground
that tho railroad companies must Judge
for themselves what are "simiIar cir
cumstances and conditions" which
prohibit their charging more for a
short than for a long haul, and the
commission will then decide whether
they have violated the law. They will
leave railroad companies, in fixing
their tariffs, 10 act upon their own
judgment and at their own risk, SUBJ
ject to accountability before the COM
mission and the courts in cases where
complaint is made by interested parties
Of violation of tho laws. The commits
sion, however, go over the questions
that have been presented. and come to
the following conclusions:
First. That the prohibition of a
greater charge for short than long
haul applies only where the conditions
are similar.
Second. or this similarity or dis
similarity the companies must, in the
first instance, judge for themselves.
Third. The commission will decide
whether the judgment of the roads is
correct, and In case OF complaint the
burden of proof will lie with the COM
pany to show why they departed from
the general rule.
Fourth. That the provisions OF sec
ton l, requiring charges TO be reason
able and just, and Of section 2, forbid
ding unjust discrimination, apply
when exceptional charges are made
under section 4 as they do in other
cases.
Fifth. That the existence of actual
competition, which Is of controlling
force in respect to traffic important in
amount, may make out the dissimilar
circumstances and conditions emitting
the carrier TO charge less for the longer
than for the shorter haul over the same
line in the same direction, the shorter
being included in the longer in the fol-
lowing cases:
!. When the competition is with
carriers by water which are not sub
ject to the provisions of the statute.
3. When the competition is with
foreign or other railroads which are
not subject to tho provisions of the
statute.
pei,Jh eeRf RefqqtsS ssassS Ct cone sfs
subject to tho statute, when a strict
application OF the general rule of the
statute would he destructive of com.
petition.
Sixth. The committee further do.
cides that when a greater charge in the
aggregate is made for the transporia-
finn n
property for shOiter than for a lon .
ger distance over the same line in the
same direction, the shorter being inclu-
ded in the longer distance, it is not
sufficient Justification therefore that
the traffic which is subjected TO such
greater charge is way or local. traffic,
and that which is given the more
favorable rates is not. Nor is it suf-
ficient just iiicatiOn for such greater
charge that the short haul traffic IL
more expensive to the carrier, unless
when the circumstances arc such as to
make it exceptionally expensive or
the long haul traffic exceptionally i'm
expensive, the difference being extra
ordinary and susceptible of definite
proof.
Nor that the lesser charge on the
longer haul has for its motive the en-
enlargement of manufactures or some
other branch of industry.
Nor that it is designed to build up
business or trade centers.
Nor that the lesser charge on tho
longer haul is merely continuation
of the favorable rates under which
trade centers or industrial establish,
ments have been built up.
The fact that long haul traffic will
only bear certain rates is no reason for
carrying it for less than cost ut the
expense of other traffic.
In reference to the fifth conclusion,
they say: cit was fairly shown be-
fore us that instances exist, and may
be found, along the routes of petition.
er's lines, in the States of Kentucky,
Tennessee, Georgia, Alabama, NIissis-
sippi and Louisiana where tho com-
petition Of water ways forces down the
railroad rates below what is possible to
make them at non-compeiitive points,
and still maintain the roads with sue.
cess or efficiency"
The commissioners say that compe-
tition with Canadian roads may, it is
believed, present case of dissimilar
circumstances and condition. When
ever such roads compete with roads in
the United States for business, between
one part of our country and another, a
state of circumstances arises and exists
as TO such business which justifies
American roads in meeting such COM
petition by Il corresponding reduction
of rates, without regard to the fac,
<haf In, Il ha hnt